C2002/4699, Transcript of Proceedings [2002] AIRCTrans 3897 (2 October 2002)

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TRANSCRIPT OF PROCEEDINGS

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER HARRISON

C2002/4699

APPLICATION FOR AN ORDER TO STOP
OR PREVENT INDUSTRIAL ACTION

Application under section 127(2) of the Act
by Rocla Industries Pty Limited and The
Australian Workers Union re industrial action

EXTRACT OF TRANSCRIPT OF PROCEEDINGS

SYDNEY

TUESDAY, 17 SEPTEMBER 2002

EXTRACT OF TRANSCRIPT OF PROCEEDINGS [12.02pm]

PN1

THE COMMISSIONER: The Commission has had the opportunity to meet with the parties in private and following that conference, a statement reflecting the views of both the union and the company has been drafted which I will ask Mr Gordon to place on record.

PN2

MR GORDON: Thank you, Commissioner. The following is a joint statement by Rocla Industries Limited, Emu Plains site and the AWU.

PN3

Following proceedings in the Australian Industrial Relations Commission today, 17 September 2002 before Commissioner Harrison, Rocla management and AWU officials and employee representatives have agreed to the following outcome:

PN4

1. All bans and limitations will be removed and work is to continue in accordance with the Rocla Enterprise Agreement 2001-2002 and Rocla Industries Award.

PN5

2. The company will actively support employee participation in weekly meetings to specifically review operation of the team bonus scheme and paid meal break arrangements. A joint management union report on progress will be given to all employees by Friday, 18 October 2002. That review process will look at the paid meal break arrangements, bonus earnings and the process inputs that contribute to bonus earnings levels.

PN6

3. Repair of quarantine pipe will be undertaken by casual labour who will be engaged in accordance with the previously agreed site procedure on the use of casuals that was agreed in July 2000 and will be attached to this copy of the transcript.

PN7

4. The parties acknowledge that the proper means to resolving issues at the workplace is by recourse to the grievance procedure which is set out in appendix three of the 2001-2003 enterprise agreement. Either party is at liberty to refer this matter to senior company and AWU officials and/or the Australian Industrial Relations Commission if they are of the view that undertakings given today are not being upheld at any stage.

PN8

5. The Commission will relist this matter for urgent hearing on short notice if requested to do so by either the company or the AWU.

PN9

If it pleases the Commission.

PN10

THE COMMISSIONER: Thank you. Mr Falconer?

PN11

MR FALCONER: Thank you, Commissioner. The AWU for its part acknowledges and accepts that recommendation as being a joint recommendation which will be put to workers at the earliest possible convenience with the view to restore the bans that are currently in place back to the status quo where workers take staggered lunch breaks.

PN12

We look forward to the implementation of that certainly benefiting workers by a review of the team bonus and other issues and recourse back to the Commission if necessary. Thank you, Commissioner.

PN13

THE COMMISSIONER: Thank you. Well, I commend the statement and congratulate the parties on reaching the terms that they have. I will adjourn proceedings but will relist the matter at the request of either party if need be at short notice. Thank you.

END OF EXTRACT [12.06pm]